BOARD OF COMMISSIONERS'
REGULAR MEETING
July 13, 2010
9:00 a.m.
Harris Hall Main Floor
APPROVED 8-3-2010  

Commissioner Bill Fleenor presided with Commissioner Rob Handy and Pete Sorenson present.  Bill Dwyer and Faye Stewart were excused.  County Administrator Jeff Spartz, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.

1.  ADJUSTMENTS TO THE AGENDA

Handy added for Wednesday under W.8. c), an update on the 1-5 Coburg project.

Fleenor reported that  D1 for tomorrow is just a letter, not a board order.

2.  PUBLIC COMMENTS

Larry Severance, Dexter, reported that the 4H Fair is taking place and his family is involved at the fair with cattle. He said they canít use the fenced area this year.  He thought they should be able to use the same area they did last year because it is a safety hazard where the cattle are now placed.

Andy Andrist, Eugene , spoke in favor of the ice rink.  He said his daughter is an ice skater and they have been all over the country to many ice rinks.  He reported that there is all different pricing across the country.  He said his daughter was distraught when she heard the proposed prices.  He thought the rates should be set at a reasonable rate for the public.  He didnít think the ice rink will have people paying the money.

Ken Evans, Eugene ,  recalled that as of last Friday they were to turn in a specified amount of money.  He noted in a communication he sent, because they use their website to collect monies via credit card, they use Paypal.  He indicated that it takes extra time to get the money out.  He said at this point they have $17,844 that has been deposited.  He said Paypal has under $12,000 and the amount has gone up by $1,000 since 6:00 a.m. today.  He added the point of sale is $11,000.  He said they have $40,813, more than their obligation.  He added that they have pledges coming in that they will pick up that will exceed that amount.  He proposed that he will put together a promissory note for a bridge loan should Friday come and they donít have the Paypal completed.  He said with the point of sale system, there was an agreement that the Generals were going to purchase and lease it back to LEC for one dollar per year. He is putting together the language of a lease.  He said he would also put together a promissory note so the point of sale purchase will occur.

John Brown, Eugene , indicated that last Saturday there was the annual McKenzie River Clean Up.  He distributed photos of north of Armitage Park (Copy in file).  He reported there was over 1,400 pounds of material from that location.  He said the area is disgusting and getting worse.  He thought they needed a portapotty or the area should be closed.  He indicated the person who dumped the garbage left identification.  He said the County owns this and he hoped rules get enforced to stop it.

3.  COMMISSIONERS' RESPONSE TO PUBLIC COMMENTS AND/OR OTHER ISSUES AND REMONSTRANCE

With regard to the photos, Sorenson asked if there is something the Board could do to prevent public access and to minimize trashing of the area.  He indicated that  he would be prepared to do that.  With regard to the ice rink, he thought last weekís decision to go with the full cost recovery, putting the burden on the users was a good decision.  He said the fee schedule is an ongoing process.

Handy asked how they should get the problem of garbage cleaned up.  He asked if it should be taken up at the Board or if it was more appropriate for Spartz to take action with the Parks Department because they report directly to him.

Spartz said he has to talk with the Parks Department about the work being done to manage this. He said if Parks views this as something other than administrative, he will bring it back to the Board.  He said he will work on this and it may include a temporary closure.

Fleenor wanted a discussion about a waste mitigation program that has started as part of tipping fees.  He thought some of the money could be used for removing debris.  He noted with ice rink pricing, there are other places around the world that charge less, but they have to take into consideration the population base.  He indicated that currently Lane County has the lowest permanent tax rate in Oregon and they canít continue to subsidize the ice rink and that is why they are charging what it costs the County to operate the ice rink to keep it open.  He commented that his goal is to keep the rink open but there are challenges ahead.

4.  EMERGENCY BUSINESS

Lane Events Center Ice Rink

Spartz recalled at last weekís meeting it was directed that not less than $40,000 be supplied by the user community toward getting the rink open this year.  He said Reno reported to him that last Friday afternoon Evans said there was a check for $12,000  brought in and Evans committed $11,000 was also brought in.  Spartz added that Evans also brought in a post dated check dated July 16 for $5,000 was.  He asked Reno to tell the user community to get a letter of credit for the difference and bring it to the Board by Tuesday.  Spartz noted that Evans said the $40,000 will be available not later than Friday so they would need an extension of time.  Spartz indicated that he will be leaving to attend a meeting out of town and if the money is not there, that the Board gives Reno the authority to terminate the effort.

Fleenor understood that last Friday was the drop dead with the RFP to get the dasher board repair done.  He indicated that David Suchart, Management Services, found a consulting company today.

Rick Reno, Lane County Events Center ,  reported that there is a meeting at the arena at 10:00 a.m. for the work to be done and to prepare estimated costs for the work. 

Fleenor asked if the contractor would have a reasonable estimate this afternoon and if Reno would be able to bring it forward to the Board tomorrow so they can make a decision to extend the deadline.

Reno responded that he didnít think they could have something today.  He said there was a chance to find out a ballpark figure. He requested that the contractorís schedule be expedited because time is of the essence.  He commented that as each day goes by, it is more difficult.

Fleenor wanted an estimate back on the high side to get the dasher boards repaired so they can make a logical decision  and they can bring this back under Emergency Business tomorrow.

Sorenson asked Evans would be able to meet the requirements.

Evans responded that it was his understanding that on Friday they will fully meet the financial requirements. He said Paypal was the biggest difficulty.

Sorenson asked if the Board needed to do anything else.

Reno replied there are challenges and every day they go from one deadline to another, the work gets pushed further behind to do a good job of trying to address challenges. He said in working with contractors, he thought if the Board had the authority to give them a mechanism to expedite things that once they find out precise information, it would help them.  He said there is a broad range for, the repair of the dashers from between $10,000 to $25,000.  He added if the contractor comes in and says it is $50,000 to repair those items correctly, then there is another issue that has to go through the process of being addressed.  He commented that time is their enemy to try to get it done.  He understands what he has been instructed to do, but there are challenges.

Fleenor said the challenge with the dasher board repair is to find a company that is certified licensed and insured that will provide the repairs necessary.  He added that once installed, any subsequent accident will be shared between the contractor and County.  He added that if they were to hire a local contractor to repair the dasher boards without experience, then their liability becomes significant to the continued operation.  He was happy they were able to bring someone in from the east coast to repair the dasher boards. 

Richardson   said they know this is coming and they are waiting for a contract.  She thought they could come to an agreement.  She added that certain parts of the contract need to be finalized before they can move forward.  She indicated that they are waiting for the money.

Handy said the Board was interested in making the final decision.  He said if they as a Board donít make a decision, it will be two weeks before their next meeting.  He asked what they can accomplish as a Board and the pros and cons of putting Reno in the hot seat to terminate the agreement.

Spartz indicated that the Board is not meeting next week and that complicates this matter.  He said if Reno has to wait two more weeks for a definitive decision, he might not be able to accomplish all things to be done to get the ice up and ready for the hockey season.  He thought the chair of the board could decide.  He commented that pushing Reno out for two weeks puts him in a tenable position.

Handy asked Richardson what was at stake.

Richardson replied that ice rinks are not that popular on the west coast and there are not many contractors with experience in fixing dasher boards.  Her concern is that if contractors have never done the work before,  they donít know what to do to make sure it will work.  Her recommendation is to use someone as a general contractor who knows what needs to be done to minimize the risk.

Handy asked what will happen if the dasher board costs will be more than what they were anticipating.

Evans stated that they have the $40,000 that was needed by Friday or before.  He said they will have additional money available above and beyond that.  He said they want to wait to see what the consultant says things will cost.  He believes they will have some cushion of money to deal with those changes.  He said based on last week, he thought because the dasher board repairs had been done over time by the rink staff, the same was what was going to happen.  He commented the consultant coming in was an added twist.  He said if they can get an idea by Friday, if the amount is between $10,000 to $20,000, then they are okay.  He added if it is more, they will have to determine whether they can cover the costs.

Sorenson thought this was important for the community.  He thought the Board could convene a phone meeting.  He said if it has to be an emergency decision they will get the commissioners together that are available.  He thought if they get a commitment from Reno that the information would be available as soon as possible and from Evans that the ice community will be able to cover ďreasonable costsĒ,  then those representations are enough for him to say go ahead and make it happen.

Fleenor said the Board has been steadfast in its desire to have this operation work on a full cost recovery basis including all necessary capital improvements to reinitiate the ice rink this season.  He said at this point they are looking at full cost recovery.  He added if a cost comes in above $40,000, (unless there is a change of vote), he asked if Evans would bridge the gap in order to assure them to proceed forward.  He said every day they have to wait to get funds is one day less they will have a season.

Evans noted the consultant will be going to the rink at 10:00.  He wanted to talk to the consultant and then revisit this.  He thought his group could provide additional funds.

Fleenor asked him to come back tomorrow and let the Board know what he was willing to do.

5.  COMMISSIONER BUSINESS

a.  REPORT BACK/EarthShare Oregon .

Dave Stockdale, Parks, announced that he has been appointed by Spartz as the charitable giving campaign coordinator.  He reported that EarthShare proposed that they work as a co-participant with Lane County and the United Way to facilitate this campaign.  He said by providing the opportunity to have another foundation  to provide one form, it will be easy to collect data and keep it convenient for employees and they would be able to broaden the institutions.  He said they have to make it clear the Lane County annual contribution campaign allows for more opportunities.  He said they surveyed department coordinators and have heard comments back that they would like to participate but they have reservations with the way the campaign is set up.  He said the biggest thing is to keep it convenient on one form. 

Stockdale recalled that in the past the United Way administrative fee for services went from 10 to 15 percent, but they negotiated with them for eight percent.  He said if they can work something out with EarthShare to do the same, they would support it so there is no net cost to the County.

Stockdale said his recommendation is as long as the program is kept convenient and easy to administer, they should allow other umbrella foundations. 

Spartz said the request form EarthShare is to be included in the United Charitable campaign this fall.  He thought that based on what Stockdale said they could make it work.  He noted the one caveat is they should only be including those organizations that are umbrellas with not less than 10 participating 501(c )(3).  He though EarthShare should be brought on.

MOTION: for 2010 to direct staff to include the United Way and EarthShare in the combined contribution campaign for Lane County .

Sorenson MOVED, Handy SECONDED. 

Handy asked if the umbrella corporations needed to be in the motion.

Spartz said there needs to be an additional comment that they only work with umbrella groups of not less than ten members.

Sorenson agreed to amend the motion.  Handy seconded.

Stockdale indicated they will need to change the Lane Manual.  He wanted to update the Lane Manual so it is more with what they practice and to make sure that it is not just for 2010, but that it is ongoing. 

VOTE: 3-0.

Fleenor asked Stockdale to work with Spartz and Richardson to make the changes for Lane Manual.

6.  COUNTY ADMINISTRATION

a.  Announcements

None.

b.  UPDATE/National Citizenís Survey 2009 Ė Moving Forward.

Jennifer Inman, Budget Analyst, discussed the results of the Citizenís Survey 2009.  (Copy in file).  She said they wanted to gain the perceptions of the citizens regarding Lane County ís services and their experience living in the County.  She said it is not a policy survey, but an omnibus general survey. In 2009 they sent out a five page survey with a 34 percent response rate  She indicated that they are planning on doing another survey in 2011.  She noted the National Research Center said asking specific budget questions doesnít rely on reliable responses from citizens when they talk about change or cuts in the budget.

Sorenson said he had concerns and issues.  He doesnít think they should do more.

Fleenor thought they could explore the relevancy of county government and how much the citizens understand about county government.

Handy asked Spartz about his recommendation on moving the survey sooner.

Spartz wasnít sure whether they benefit from the survey if they do it now as opposed to later.  He thought it was desirable to stay on schedule recommended by other users of the method and to keep doing surveys on a regular interval over time.

Sorenson thought they should bring this back for further discussion to get the other commissionersí input.  He didnít think they should give direction until more commissioners are present.  He recommended bringing this back on August.

Inman indicated she will bring back plans for the next National Citizen Survey.

c.  PRESENTATION/Working for You Video, Community and Economic Development: Sustaining Lane County . (PULLED)

7.  COMMISSIONERS' ANNOUNCEMENTS

None.

9.  EXECUTIVE SESSION as per ORS 192.660

None

10.  OTHER BUSINESS

None.

There being no further business, Commissioner Fleenor recessed the meeting at 11:05 a.m. 

Melissa Zimmer
Recording Secretary